North Dakota lawmakers prepare for impact of term limits

This could be the last election cycle for North Dakota incumbent legislators running for office in 2024, because of a term limits measure approved by voters in 2022.

As those incumbents focus on winning reelection in November, they also have an eye to the future with North Dakota projected to have major turnover in legislative seats in 2028.

“The important thing to us … is that we do have a plan of succession,” said Sen. Dick Dever, R-Bismarck. “Four years from now, half the Legislature will be gone. Two years after that, the other half will be gone. That kind of turnover all at once is going to be really challenging.”

Under the term limits measure approved by voters, North Dakota lawmakers can’t serve more than eight years in the state House and eight years in the state Senate. Up to 69 lawmakers will be termed out in 2028 and up to an additional 72 lawmakers will be termed out in 2030, according to a Legislative Council analysis.

Opponents of term limits point to the increased influence of lobbyists and a shift of power to the executive branch, while supporters have said it decreases career politicians and could bring more opportunities for women and minorities to serve.

The measure took effect Jan. 1, 2023, and did not apply to legislative service before that date.

John Bjornson, director of Legislative Council, said there’s been some confusion about how term limits will apply to lawmakers in even-numbered districts who are up for election this year. 

Bjornson said his interpretation of the measure is that incumbents who win reelection in November would not be eligible to run for the same seat again in 2028. They would have two years of service since the term limits measure took effect, plus another four-year term, for a total of six years. Lawmakers could choose to run for a seat in the opposite chamber and be eligible for another eight years.

Rep. Josh Boschee, D-Fargo, said Democrats in the House began preparing for term limits last year by transferring the House Minority Leader role to Rep. Zac Ista, D-Grand Forks. Party leaders also have recognized that they no longer can have lawmakers with specialized expertise, but instead work to broaden their knowledge base, Boschee said.

“We’re just realizing that we have to break down some of those silos and help cross train more members, especially as new people come on, so that they’re knowledgeable in a variety of areas,” Boschee said.

The Legislative Procedure and Arrangements Committee is studying the impact of term limits this interim. House Majority Leader Mike Lefor, R-Dickinson, said one area the committee is discussing is enhancing educational opportunities for lawmakers to get them up to speed faster.

The role of legislative staff will increase with more turnover of lawmakers, Lefor said, so the committee is studying adding more positions to Legislative Council. The study also is supposed to include looking at holding annual legislative sessions, an idea that lawmakers have previously rejected. Other states with term limits also have put limits on the number of bills lawmakers can introduce, according to the Legislative Council analysis.

Rep. Mike Nathe, R-Bismarck, who is running for reelection in District 30 and was among those who opposed the term limits measure in 2022, said the Legislature is going to lose “a ton” of institutional knowledge.

“And then all the power goes to the lobbyists, who know the issues inside and out, and quite frankly, more power goes to the governor’s office because he has the staff and the wherewithal to tackle these issues, versus someone who’s only been in there for a session or two,” Nathe said.

The term limits measure also says a governor can’t be elected more than twice. The limit would not have prevented Gov. Doug Burgum from running for a third term because his previous elections were prior to the measure’s effective date. 

Lefor, who was House Majority Leader in his fifth session, said lawmakers will need to be ready to assume leadership positions more quickly.

“You won’t have a long time to get up to speed,” Lefor said. “Your second session or third session, you’ll be looking at becoming a committee vice chair or chair, and that’s a challenge.”

Democrats are viewing term limits as an opportunity for the minority party as they talk to potential candidates about running for office in 2024, Boschee said.

“Whether you win or don’t, it gives you the opportunity to build a name ID and there’s going to be open seats in 2028,” Boschee said.